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Ethanol Subsidies
Ethanol Subsidies
Strategy Notes
Topicality
1. Energy Policy is NOT Environmental Policy
Inherency
Harms/Significance
1. Subsidies don’t increase food prices
2. No Energy Deficit
Solvency
1. States Subsidize
Disadvantages
1. To Abolish, is to go against the people
2. Ethanol significantly reduces CO2 emissions & air pollution
3. Commodity Subsidies are worse
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NEGATIVE BRIEF Daniel D’Alto
Strategy Notes
This brief is meant to be used in addition to the ethos brief, against cases that abolish
ethanol subsidies (specifically Haines/Hendricks).
The topicality argument is pretty self-explanatory, it doesn’t matter how two high- school
students chose to define environmental policy, because the federal government says
otherwise. (When we went against this case in March, we won on topicality)
Probably one of the strongest arguments in this brief is the one attacking the Affirmative
team’s harm of increased food price. I recommend using this section in replacement of
the ethos section, simply because of the sources in this brief are more reliable and a little
more recent. (Plus I wrote this one)
Although the energy deficit section in this brief is good I recommend adding a few cards
from the ethos brief.
The reason I didn’t touch upon the pollution and waste of taxpayer dollars is because
the ethos does a realy good job covering thoes sections.
The argument labeled as solvency, is meant to be used against the claim to solve the
damage caused by ethanol subsidies. Even if the aff abolishes federal subsidies, states can
continue to subsidize ethanol, so they can’t solve the problems it supposedly causes.
The first disadvantage is a time-filler that’s it. It’s an argument that’s appealing to the
judge and should take the affirmative team a while to refute.
The second DA is already really strong in the ethos brief, but I couldn’t help myself so I
put one piece in with a strong source.
I realize the last DA can be confusing (for those who haven’t gone against sustainable
agriculture) so I’ll explain it here as best as I can.
Currently there are two types of major farm subsidies, ethanol and commodity. The
second piece of evidence explains that farmers will go wherever the money is. So if there
isn’t an ethanol subsidy farmers will go to the commodity subsidies. The rest of the DA
shows the major environmental impacts of commodity subsidies which are: A. Hypoxic
Zones, B. Increase Chemical use, and C. crops often depend on pesticides, which are
toxic to insects, plants, and other wildlife and contaminate drinking water
I also highly recommend the other DA’s used in the ethos brief which, in my opinion
didn’t need anything added so I left them alone.
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NEGATIVE BRIEF Daniel D’Alto
TOPICALITY
“Renewable Fuels Standard. Gasoline sold in the United States must contain an
increasing amount of renewable fuel, such as ethanol or biodiesel. Motor fuels must
contain at least 4.0 billion gallons of renewables in 2006, a level that increases by
700 million gallons each year through 2011 before reaching a level of 7.5 billion gallons
in 2012.”
Impact: They’re reforming the Energy Policies, which aren’t Environmental policies,
thus it doesn’t matter how they define environmental policy, because the government
categorizes ethanol mandates under ENERGY POLICIES.
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INHERENCY
There is authorized to be appropriated to carry out this section $5,000,000 for each of
fiscal years 2006 through 2010.”
Press release, 2009 (This was released on Rep. Joseph Crowley’s website. The plan was
introduced by, US Representatives Joseph Crowley and Mary Bono Mack, a bipartisan coalition of
members) http://crowley.house.gov/list/press/ny07_crowley/AffordableFoodandFuel.shtml [DD]
“The Affordable Food and Fuel for America Act (H.R. 3187) will phase out a $5
billion-a-year subsidy for gasoline refiners who blend corn ethanol into gasoline,
eliminate a tariff on imported biofuels, and increase funding for the cellulosic biofuel
production tax credit.”
Erin Voegele Ethanol Producer Magazine 2009, “Minnesota bills repeal ethanol subsidies”
( Ethanol Producer Magazine is In its 11th year of publication, Ethanol Producer Magazine is the oldest,
largest and most read trade publication in the ethanol industry. Published by BBI International Media,
Ethanol Producer Magazine is the source for in depth ethanol industry news. Adding value to the biofuels
industry, BBI International provides unmatched services to the biofuels industry including project
development services, conference and meeting planning, publications and recruiting. Minnesota House
Bill HF0311, authored by Rep. Joyce Peppin, R-Rogers, Minn., and Rep. Tina Liebling, DFL-Rochester,
Minn., would repeal Minnesota’s ethanol producer payment program and the minimum ethanol content
requirement.) http://www.ethanolproducer.com/article.jsp?article_id=5402 [DD]
“Three legislative bills currently pending in the Minnesota Legislature have the
potential to severely impact the state’s ethanol industry. Two of the bills would repeal
both the state’s ethanol producer payment program, also known as ethanol subsidy
program, and the state’s minimum ethanol content requirement, more commonly known
as the state’s renewable fuels standard. A third bill would repeal just the ethanol producer
payment program.”
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Congretional Budget Office 2009 “The Impact Of Ethanol Use On Food Prices And
Greenhouse-Gas Emissions” (CBO's mandate is to provide the Congress with: Objective, nonpartisan, and
timely analyses to aid in economic and budgetary decisions on the wide array of programs covered by the
federal budget and the information and estimates required for the Congressional budget process.)
http://www.cbo.gov/ftpdocs/100xx/doc10057/04-08-Ethanol.pdf [DD]
“From April 2007 to April 2008, the increasing demand for corn to produce
ethanol contributed, in CBO’s estimation, between 0.5 and 0.8 percentage points to the
5.1 percent increase in the price of food overall as measured by the component of the
consumer price index for all urban consumers (CPI-U) that measures food prices.”
Congretional Budget Office 2009 “The Impact Of Ethanol Use On Food Prices And
Greenhouse-Gas Emissions” (CBO's mandate is to provide the Congress with: Objective, nonpartisan, and
timely analyses to aid in economic and budgetary decisions on the wide array of programs covered by the
federal budget and the information and estimates required for the Congressional budget process.)
http://www.cbo.gov/ftpdocs/100xx/doc10057/04-08-Ethanol.pdf [DD]
The CBO stated several factors contributed to the increase of food prices
including “Concerns about a poor harvest because of unfavorable weather for spring
planting caused corn prices to rise during the spring of 2008.” it then goes on to say that
the “Growing global demand for meat increased the demand for animal feed.”
Impact: Since the Subsidies weren’t the cause of the increased prices there is no need to
get rid of them for that reason
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Rick Tolman December 2009 “Ethanol Demand Doesn’t Raise Food Prices” (is chief
executive officer of the National Corn Growers Association. He is a graduate of Brigham Young University
and received his master's degree in agricultural economics from Purdue University. Tolman has served on
the USDA Agricultural Trade Advisory Committee (ATAC))
http://www.iowafarmertoday.com/articles/2010/04/05/letters_-_commentary/ethonal_op1212.txt [DD]
“As profit margins continue to rebound, it is time for the public to recognize the ethanol
industry and the family farmers who support it are not responsible for rising food costs.
Instead, they should realize the factors, such as labor, transportation and increased profit
margins, which have affected food prices over the past year.”
Connie Hardy 2009 “Ethanol Industry Profile” (content specialist, Agricultural Marketing
Resource Center, Iowa State University: She quoted these sources for her study: Renewable Fuels
Association, 2009.Economic Research Service, USDA, U.S. Department of Energy.)
http://www.agmrc.org/commodities__products/energy/ethanol_profile.cfm [DD]
“Yield growth alone will provide more than 520 million bu. of additional feedstock
required by the ethanol industry in 2009/2010. Even after the new corn demand for
ethanol production is met, there will be 187 million bu. resulting exclusively from yield
Rick Tolman December 2009 “Ethanol Demand Doesn’t Raise Food Prices” (is chief
executive officer of the National Corn Growers Association. He is a graduate of Brigham Young University
and received his master's degree in agricultural economics from Purdue University. Tolman has served on
the USDA Agricultural Trade Advisory Committee (ATAC))
http://www.iowafarmertoday.com/articles/2010/04/05/letters_-_commentary/ethonal_op1212.txt [DD]
“As commodity prices have fallen, demand for corn-based ethanol has soared. Demand
for corn to produce ethanol has increased to 4.2 billion bu. in 2009 from 3.7 billion bu. in
2008, a 13.5 percent increase. At the same time, corn prices have decreased by roughly
20 percent. Simply, demand for corn used in ethanol production continues to increase
while corn prices fell. Increased yields make this possible.”
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Ray Hansen May 2004 (Agricultural Marketing Resource Center, Iowa St. Univ.,
“Ethanol Industry Profile”)
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“Whether produced from corn or other biomass feedstocks, ethanol generates more
energy than used during production. Plants used in ethanol production harness the power
of the sun to grow. By releasing the energy stored in corn and other feedstocks, ethanol
production utilizes solar energy, replacing fossil energy use. A life cycle analysis of
ethanol production - from the field to the vehicle - found that ethanol has a large and
growing positive fossil energy balance. Ethanol yields 67% more fossil energy than is
used to grow and harvest the grain and process it into ethanol.”
Brett Hulsey 2006 “Cleaning The Air With Ethanol” (Masters in Natural Science from the
University of Oklahoma and a B.A. in Political Economy from Middlebury College. More than 30 years of
public service experience, including Environmental Policy Advisor to President Clinton and Energy
Conservation Advocate in the Carter Administration during the 1970's energy crisis, and a local official.
The study quoted was done by: the Office of Energy Efficiency and Renewable Energy, and the U.S.
Department of Energy) http://www.betterenvironmentalsolutions.com/reports/EthanolToday.pdf [DD]
“The Argonne National Laboratory Ethanol Study shows that ethanol yields 20-60
percent more energy than it takes to produce it. The same study showed that gasoline is a
net energy loser, wasting 20 percent of its energy in drilling, transportation, and refining
losses.”
“While, in the past, ethanol has not been efficient to produce, new technology has
eliminated this problem. The U.S. Department of Agriculture now estimates that ethanol
yields a 1.10 positive energy balance before accounting for energy produced by ethanol
co-products, and a 1.67 positive energy balance after accounting for energy produced by
ethanol co-products. Thus ethanol production now results in a net gain of energy and is
no longer an inefficient energy source due to improved technology.”
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“South Dakota has 15 ethanol production facilities with a total annual production
capacity of over 900 million gallons. The State offers a production incentive of
$0.20/gallon to ethanol producers. Ethanol blends below E85 are taxed at $0.20/gallon,
while E85 (or higher) blends are taxed at $0.10/gallon.”
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NEGATIVE BRIEF Daniel D’Alto
“North Dakota has six ethanol facilities with a total annual production capacity of over
300 million gallons. The program consists of two parts. The first part reduces the price
of corn used by an ethanol plant by providing a $0.001/gallon subsidy for every one cent
that corn prices exceed a pre-established threshold price (currently $1.80 per bushel).
The second part of the program reduces this subsidy by $0.002/gallon if ethanol prices
exceed a pre-established threshold (currently $1.30 per gallon). Only facilities built after
July 1, 1995 are eligible, and total statewide program expenditures cannot exceed $1.6
million annually. North Dakota produced 233 million gallons of ethanol in 2008, and was
the 11th largest producing State.”
4. Many states have their own ethanol subsidies that go beyond federal subsidies
“There are other federal subsidies in addition to the blended fuel tax credit, as
well as state subsidies. Many states have complicated combinations of state subsidies,
renewable fuel standards, producer incentives, and so on. For example, the current
Minnesota producer tax credit is 5.3 cents per liter (20 cents per gallon) (Schumacher
2006). In fact, Koplow (2006) calculated the total subsidy available for ethanol in 2006 to
range between 27.8 and 36.5 cents per liter of ethanol ($ 1.05 and $1.38 per gallon) or
between 37.6 and 49.5 cents per liter of gasoline equivalent ($1.42 and $ 1.87 per gallon),
with the conversion from Kopiow based on fossil fuel displaced.”
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DISADVANTAGES
“Although some critics of biofuel subsidies argue that the industry can prosper
without governmental support, VeraSun Energy Corporation, one of the larger U.S.
ethanol producers, noted in its March 2006 filing statement with the U.S. Securities and
Exchange Commission that the "U.S. ethanol industry is highly dependent upon a myriad
of federal and state legislation and regulation and any changes in legislation or regulation
could materially and adversely affect our results of operations and financial position."”
David Binder Research Co. December 2009 (The survey of 1,000 U.S. voters
nationwide was conducted in mid‐September by David Binder Research and has a margin of error of 3.1
percent.) http://chooseethanol.com/news/entry/poll-most-people-support-ethanol/
A national poll conducted in 2008 found that “When asked if they favor or oppose
continuing to increase use of ethanol, an impressive 59 percent come out in favor, while
just 30 percent oppose.”
Impact: In a time of political turmoil, the last thing we need is to go against the
American people… Again.
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“Studies have shown that, when these entire fuel cycles are considered, using corn-based
ethanol instead of gasoline reduces greenhouse gas emissions by 19% to 52%, depending
on the source of energy used during ethanol production.”
William S. Eubanks 2009 William S. Eubanks II [Associate Attorney at the Washington D.C.
public interest environmental law firm of Meyer Glitzenstein & Crystal; co-authored a brief to the United
States Supreme Court the effects of military sonar on marine mammals; Environmental Law LL.M., summa
cum laude, Vermont Law School. LL.M. Clinical Intern at Conservation Law Foundation; Project
Coordinator at International Environmental Law Casebook Project; Legal Research Clerk at Southern
Environmental Law Center. He specializes in complex environmental law and litigation under the National
Environmental Policy Act, the Endangered Species Act, the Clean Air Act, Clean Water Act, the Farm bill,
and other federal and state environmental statutes. He also specializes in environmental legal theory related
to sustainable agriculture, climate change, air and water pollution, and environmental justice.] Published by
3 different publications; The Stanford Environmental Law Journal [28 Stan. Envtl. L.J. 2009], The
Environmental Law Reporter [39 ELR 10509], and the Environmental Law Institute [2009], May 28, 2009,
“The Sustainable Farm Bill: A Proposal for Permanent Environmental Change”,
http://papers.ssrn.com/sol3/papers.cfm? abstract_id=1410800 [JS]
“By moving away from corn and commodity crop subsidies in favor of paying farmers for employing some
of the sustainable agricultural methods enumerated above, Congress will foster a much more effective piece
of legislation that is more aligned with the original goals of the Farm Bill. As seen with our nation’s
massive corn production tied solely to subsidies, farmers will farm wherever the money
is.”
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agricultural practice for purposes of receiving subsidies .215 Although this step would likely be
controversial, it is clear that such subsidies are needed to better protect the natural environment.”
A: Hypoxic Zones
“The largest example of hypoxia in the United States is the Gulf of Mexico Dead Zone,
which is now longer than the distance between Washington, D.C., and Hartford,
Connecticut. This dead zone is largely the result of commodity crop production and
fertilizer application in the Corn Belt of the United States near the Mississippi River and
other rivers that ultimately discharge into the Gulf of Mexico. Approximately two-thirds
of the nitrogen entering the Gulf comes from industrial agricultural practices in the form
of fertilizers or manure runoff. The USDA itself acknowledges the gravity of this problem and
recommends “including changes in the application and management of nitrogen fertilizer on farm fields.”
However, until such changes are put into practice, the impacts to the Gulf of Mexico Dead Zone
and others like it will continue to be astonishing: the aquatic ecosystems will be
devastated; local residents will have difficulty securing seafood for personal
consumption; and fishing communities will suffer as fish catches dwindle.”
Jennifer Hoffpauir 2009 Jennifer Hoffpauir [J.D. Candidate, 2009, Georgetown University Law
Center; Senior Financial Analyst at Intel; Intern at Freescale Semiconductor; Underwriting Analyst I at
Texas Association of School Boards; Billing Analyst I at Texas Association of School Boards; Associate at
Scientific Placement; Texas A&M University - Mays Business School; Northwestern State University],
Fordham Environmental Law Review [20 Fordham Envtl. Law Rev. 233], spring 2009, “The
Environmental Impact of Commodity Subsidies: NEPA and the Farm Bill,” [Accessed via Lexis-Nexis]
“Commodity programs also more directly contribute to higher use of farm chemicals. By
raising prices and reducing price variations in program crops, subsidies create higher
marginal revenues for inputs, thus motivating additional input use. For example,
compared with farmers who do not participate in commodity programs, corn farmers
receiving subsidies significantly increased herbicide use in all cropping sequences,
‘supporting the conventional view that commodity programs directly contribute to greater
herbicide use in corn production.’”
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C: Commodity crops often depend on pesticides, which are toxic to insects, plants,
and other wildlife and contaminate drinking water
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